Prepare for new equality laws, warns employment lawyer
27 November 2003
Workers across Lancashire will enjoy new rights protecting them against discrimination on the basis of their sexual and religious preference from next week, as new employment equality regulations are made law.
The Employment Equality Regulations for Sexual Orientation come in to effect on 1 December, with the Religion /Belief Regulations following a day later.
Preston employment lawyer, Sadiq Vohra, of MWR Solicitors, believes the new laws will have a far-reaching impact for both employees and employers alike.
Mr Vohra said: “The new laws will make discrimination on the grounds of sexual orientation and religion or belief illegal for the first time in England in employment and training environments.
“They aim to protect the rights of employees, contract workers, office-holders and partners in firms, meaning it will prohibit discrimination by employers, trade organisations, bodies conferring professional and trade qualifications, training providers, employment agencies and further and higher education establishments,” he added.
Mr Vohra explains the regulations further: “Sexual orientation is defined as actual or perceived heterosexuality, homosexuality or bi-sexuality.
“However, it is the regulations defining religious discrimination that could prove most contentious. The definition of religion includes any religion, religious belief, or similar philosophical belief (that is similar to religious belief).”
Mr Vohra feels this wide definition of religion and belief could see minority groups benefiting from the new legislation.
“These new rules will apply to more than just conventional religions such as Christianity, Islam and Hinduism. As well as including beliefs within a particular religion such as Methodism, other less practiced religions such as Scientology, Paganism and Wicca would qualify for the same protection rights.
“Similarly, it’s not impossible to think that atheism, pacifism and vegetarianism may be covered, especially if it can be shown that such beliefs have a profound effect on the way an individual daily life and view of the world” commented Mr Vohra.
Mr Vohra added that firms may have to re-consider their employment policies to accommodate time off for prayer, freedom to adopt different dress codes and dietary requirements and flexible working hours or face a torrent of employment tribunal claims from disgruntled staff, who feel they have been treated less favourably under the new Regulations.
He concluded: “However, there are limited circumstances in which discrimination can be justified due to genuine occupational requirements. For example, a homosexual may legally be discriminated against by an employer if homosexuality is incompatible with the religious ethos of the organisation, such as the Church.
“If an employee felt they were being discriminated against due to sex or belief, they should submit an internal grievance, seeking an explanation. If the employer cannot provide this or remedy the issue, then the victim should consider bringing a claim to an employment tribunal within three months of the last act complained about.
“The tribunal may then make a declaration of discrimination and award financial compensation to the aggrieved if they feel the evidence substantiates the allegations. This along with the damage to the firm’s reputation is worth avoiding.”
